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Please
read the following agreement carefully. It explains the policies
and rules related to use of this site (www.meetURplanet.com) herein
known as ("www.MUP.COM"). By completing the registration process
which includes, entering a tick alongside the "Tick here to accept
and agree to the Terms and Conditions below" and clicking the "Submit
registration" button, you are stating that you are at least 18 years
old and that you agree to all of these terms and conditions of use.
This Web Site is operated by meetURplanet.com Pty Ltd (ACN: 094-560-522)
herein known as ("MUP.COM-PL") under licensing agreements with the
owner meetURplanet.com (ABN: 4931-8080-095) herein known as ("MUP.COM").
All intellectual property, copyright interests and content on the
Web Site (www.MUP.COM) are owned by MUP.COM all rights reserved.
By using this Web site whether by viewing and/or purchasing an item
from this Web Site and/or by completing the registration process
to become a member of www.MUP.COM ("a Member"), you expressly agree
to be bound by these Terms and Conditions.
MUP.COM-PL may amend these Terms and Conditions from time to time.
Any amendment will be effective immediately. Your continued use
of this Web Site after amendment becomes effective constitutes an
agreement by you to abide and be bound by these Terms and Conditions,
as so amended.
In registering with us and creating your profile, you agree
to provide accurate, current and complete information about
yourself, and to update that information if it changes; if you
don't, we have the right to edit, close and/or delete your account
and profile and therefore also remove any information and/or
forfeit any V stamps or other credits held in your account,
and to prevent you from using the site.
As part of the registration process, you will choose a password.
It is your responsibility to keep this password confidential.
If you find out that your password or account is being used
by someone without your consent, or you discover any other breach
of security, you agree to notify us immediately.
Information you provide to us
All information provided by you when you sign up to become a
Member or you provide when creating your profile or when placing
an order is referred to in these Terms and Conditions as "User
Information". When you provide any User Information you are
representing and warranting that all of the information provided
is true and correct and are agreeing to indemnify MUP.COM-PL
for any losses, costs expenses or damages that MUP.COM-PL may
suffer if any of this information is not correct.
You should review the MUP.COM-PL Privacy Pledge for further
information concerning the collection and usage of User Information.
You grant to MUP.COM-PL the right to disclose certain aspects
of your User Information as expressed in the MUP.COM-PL Privacy
Pledge.
You must not transmit or attempt to transmit any material of
any kind to this Web Site which contains a virus, malicious
computer code or other harmful component or otherwise attempt
to alter any of the content on this Web Site.
If any User Information provided by you is deceptive or misleading
or you attempt to transmit any material of any kind to this
Web Site which contains a virus, malicious computer code or
another harmful component or you otherwise attempt to alter
any of the content of this Web Site, or you are otherwise in
breach of these Terms and Conditions, MUP.COM-PL retains the
right to terminate your rights to purchase products or services
from this Web Site and to prosecute you to the fullest extent
of the law.
You acknowledge and consent to the disclosure by MUP.COM-PL
to any law enforcement agency in any jurisdiction that is investigating
any breach or suspected breach of any law in any jurisdiction
of your identity or other information provided by you to this
Web Site, upon being requested to do so by that law enforcement
agency.
General
The products and services offered for sale by MUP.COM-PL are
only available to individuals who can make legally binding contracts.
The products and services are not available to persons under
the age of 18 years old and any other persons who are legally
prohibited from entering into binding contracts.
Any party engaging in illegal activities involving the use of
this Web Site will be subject to civil and criminal prosecution.
MUP.COM-PL cannot guarantee that it will notice or be able to
prevent any illegal or inappropriate use of this Web Site, nor
can MUP.COM-PL guarantee that it will give notice of any illegal
or inappropriate use of this Web Site.
In general, while every effort is made to manually screen profiles
submitted to the site for content that contravenes these terms
and conditions we will not and do not screen or edit all information
transmitted or shared by members on our site, but we reserve
the right (but have no duty) to monitor, to remove any objectionable
information, and to remove any information from our system at
any time, without notice, in our sole discretion.
To help ensure that everyone's experience at www.MUP.COM is
a positive one, we have certain rules for conduct, which you
must agree to follow in using our site and contacting members
of the site.
You agree to:
| • |
Follow
all local, state, national and international laws and
regulations in all dealings you have with MUP.COM-PL or
its members. |
| • |
Be
responsible for all acts that occur under your account
or password, including any content transmitted or broadcast
through your account or any activities occurring or administered
under your account. |
You also agree that you will not:
| • |
Include
identifying information such as your correct name (in
full), contact telephone number, email address, ICQ number,
postal and mailing address or other contact information
in your Profile. |
| • |
Transmit through MUP.COM's site or to any MUP.COM-PL member
any unlawful, harassing, abusive, threatening, harmful,
obscene, libellous, tortuous, or otherwise objectionable
content. |
| • |
Copy,
broadcast, distribute, or otherwise use any content provided
by others, in a manner that is unlawful, harassing, abusive,
threatening, harmful, obscene, libellous, tortuous, or
otherwise objectionable. |
| • |
Transmit any content that might infringe the intellectual
property rights, privacy rights, rights of publicity,
or other proprietary rights of others. |
| • |
Copy,
broadcast, distribute, or otherwise use any content provided
by others, in a manner that infringes the intellectual
property rights, privacy rights, rights of publicity,
or other proprietary rights of others. |
| • |
Interfere with or disrupt MUP.COM' site, MUP.COM-PL services,
computer systems, servers or networks, or violate the
regulations or policies of such networks. |
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Transmit
any content containing viruses, trojan horses, worms,
time bombs, cancelbots, or any other harmful programs.
|
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Attempt
to gain unauthorised access to MUP.COM's site or MUP.COM-PL
services, members accounts or computer systems or networks
connected to MUP.COM's site, through password mining or
otherwise. |
| • |
Engage
in any systematic extraction of data or data fields, including
without limitation e-mail addresses. |
| • |
Collect
information about others without their consent. |
| • |
Provide
false information on your registration form, impersonate
any person or the voice of any person, or otherwise attempt
to mislead others about your identity or the origin of
a message or other communication. |
| • |
Transmit
junk mail, spam, chain letters, or other unsolicited bulk
e-mail or duplicative messages. |
| • |
Copy
audio content without the permission of all parties to
the conversation. |
| • |
Sell
access to or use of any services available on MUP.COM's
site. |
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Interfere
with anyone's use or enjoyment of MUP.COM' site. |
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Most
goods and services attract GST at 10% if delivered in Australia.
For customers whose delivery address is within Australia, the
price that appears on the site and when added to your shopping
trolley is also the GST-inclusive price. For these transactions
the GST component will later be deducted and forwarded to the
Australian Tax Department.
If the delivery address of the customer is outside Australia,
the prices displayed are the retail prices, with no GST liability
payable by MUP.COM-PL.
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Any order placed by you in the manner described in this Web
Site is an offer by you to purchase a particular product or
service for the price (including the delivery and other charges)
specified in this Web Site at the time you place your order.
MUP.COM-PL reserves the right to accept or reject your offer
for any reason, including, without limitation, the unavailability
of any product, an error in the price or the product description
posted on this Web Site, or an error in your order. There may
be reasons why MUP.COM-PL cannot fulfil your order. Therefore,
your contract with MUP.COM-PL only comes into existence when
MUP.COM-PL advises you that it has accepted your order and receipt
of your payment has been confirmed.
Prices of products and services and delivery and other charges
displayed on this Web Site are current at the time of issue,
but may change at any time and are subject to availability.
The availability of products and services may change from time
to time.
MUP.COM-PL will retain title to the products you order until
you have made payment in full for those products, but all risk
in the products will pass to you on dispatch from MUP.COM-PL's
distribution centre.
You are responsible for any taxes, duties or other liabilities
imposed by any governmental agency, including without limitation,
any customs duty, goods and services taxes or any value added
tax imposed on any products or services acquired or ordered
by you from this Web Site unless otherwise stated in the pricing
information.
Delivery
You should review the MUP.COM-PL delivery information contained
on this Web Site for information concerning delivery. The delivery
times given on this Web Site are indicative only. MUP.COM-PL
will not be liable for any failure to observe these delivery
times. You understand and agree that you shall not be entitled
to withdraw or modify any commitment made for the purchase of
products from this Web Site once that commitment has been made
for any reason, including without limitation, due to any delay
in delivery.
Returns
You should review the MUP.COM-PL returns policy contained on
this Web Site for information concerning returns. You agree
to be bound by the terms of the returns policy and MUP.COM-PL's
liability is limited as expressed in that policy and these Terms
and Conditions.
Gift Certificates
MUP.COM-PL Gift Certificates may only be redeemed at this Web
Site. Gift Certificates are not redeemable for cash. If an order
exceeds the value of a gift certificate, the balance must be
paid for in a form of payment permitted by this Web Site. Gift
Certificates and unused portions of Gift Certificates expire
one year from the date of issue or on the earliest date permitted
under applicable law, whichever occurs later. You should review
the MUP.COM-PL gift certificate information contained on this
Web Site for further information and restrictions concerning
gift certificates. |
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At
MUP.COM-PL, we respect the privacy of our members. You agree
that MUP.COM-PL may disclose information we have collected from
you and/or content you have made available on our site when
MUP.COM-PL believes in good faith that the law requires it,
or to protect the rights or property of both MUP.COM and MUP.COM-PL
or its visitors, or as otherwise stated in the Privacy Pledge
or the Web Site. For more details, please see our Privacy
Pledge. |
|
You agree that MUP.COM-PL may close your account and prevent
you from using the site for violating these Terms and Conditions,
or for any reason, at any time, in MUP.COM-PL's sole discretion,
without prior notice to you without being liable to pay damages
or make restitution of any kind to you.
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The storage space of the Web Site is limited, so it is possible
that some messages or other content you transmit may not be
processed due to space constraints, or will not be stored for
a long time. You agree that MUP.COM-PL is not responsible or
liable for deleting or failing to store any content.
|
| 7.
Changes to these Terms and Conditions |
From
time to time we may make changes to the Terms and Conditions,
by continuing to use this Web Site after changes have been made
to any part of the Terms and Conditions, you agree to and accept
the changes.
|
| 8.
Proprietary Rights to Content |
User Licence
By transmitting any content to this Web Site, you grant to MUP.COM
(ABN: 4931-8080-095), their successors and assigns, a non-exclusive,
worldwide, royalty free, perpetual, non-revocable license to
sell, distribute, display, broadcast, or reproduce that content
to anyone to use or distribute that content in any manner otherwise
stated in our Privacy Pledge.
You agree that content presented through this Web Site, its
advertisers, or others is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws.
Unless otherwise indicated, you may display, reformat and print
a single copy of any content obtained through our site for your
individual, noncommercial use only. You agree not to otherwise
copy, change, upload, transmit, sell or distribute any content
available through MUP.COM's site, including code and software.
You also agree not to record or otherwise make a copy of audio
content on the site -- such as voice chat -- unless you have
the permission of all parties to the conversation to do so.
Copyright
Unless otherwise indicated, copyright in the information on
this Web Site is owned by MUP.COM (ABN: 4931-8080-095). All
rights reserved. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, re-sold or otherwise
exploited for any commercial purpose that is not expressly permitted
by MUP.COM. You may download a single copy of the information
on this Web Site and, where necessary for its use as a reference,
keep a temporary copy in your computer's cache and make a single
hard copy of that information. Except as permitted under the
Copyright Act 1968 (Australia) or other applicable laws, no
part of the information contained on this Web Site may be otherwise
reproduced, adapted, performed in public or transmitted in any
form by any process (graphic, electronic or mechanical, including
further copying, recording, taping or by a storage and information
retrieval system) without the specific prior written consent
of MUP.COM. |
|
This Web Site site may contain links to other sites. You agree
that MUP.COM-PL does not endorse any other sites and is not
liable for any loss or damages related to the content, products
or services available through those sites. If you have any problems
or concerns regarding other sites, please contact their site
administrator or webmaster directly. |
It is your obligation to abide by the terms and conditions of
the provider of your credit card at all times, including but
not limited to avoiding any conduct which may contribute to
unauthorised or fraudulent use of your credit card and notifying
the provider in accordance with its reporting rules and procedures
of any such conduct at the earliest opportunity. Whilst in many
instances your credit provider will not hold you liable for
fraudulent charges provided you have complied with their requirements,
MUP.COM-PL will not be held responsible for the charges debited
to your credit card.
Once you become a Member, you will receive a password. You are
entirely responsible if you do not maintain the confidentiality
of your password. Furthermore, you are entirely responsible
for any and all activities, which occur under your email address
and password. You agree to immediately notify MUP.COM-PL of
any unauthorised use of your email address or password or any
other breach of security that you become aware of. |
| 11.
Review/Comments and Pictorial/Audio |
MUP.COM-PL enables visitors to this site to post reviews and
pictorial content on the Web Site. If you post review/comments
or pictorial/audio content on this Web Site, you grant to MUP.COM
(ABN:4931-8080-095), their related bodies corporate, its directors,
officers and employees a non-exclusive, royalty free, perpetual,
irrevocable and fully sub-licenseable right to sell, use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute and display such review/comments or pictorial/audio
content throughout the world in any media. You expressly waive
in favour of MUP.COM or any other person authorised by MUP.COM
all moral and similar rights in any jurisdiction, which you
have or acquire in respect of such reviews and comments. You
also grant to MUP.COM, their related bodies corporate, directors,
officers, employees and sub-licensees the right to use and publish
your name, which you will be required to submit with any review/comments
or pictorial/audio content, in connection with that review/comments
or pictorial/audio content (see our Privacy
Pledge). You agree not to post any review/comments or pictorial/audio
content that contains any unlawful, criminal, threatening, abusive,
defamatory, obscene, vulgar, pornographic, profane or indecent
information or material of any kind or which violates or infringes
upon the rights of any person. If you do, you agree to indemnify
MUP.COM and MUP.COM-PL (ACN: 094-560-522) for any losses, costs,
expenses or damages that MUP.COM and MUP.COM-PL may suffer as
a result. |
|
This
Web Site (www.MUP.COM) does not represent that any information
(including any file) obtained from or through this Web Site
is free from computer viruses or other faults or defects. It
is your responsibility to scan any such information for computer
viruses. MUP.COM-PL will not be liable to you or to any other
person for any loss or damage (whether direct, indirect, consequential
or economic), however caused and whether by negligence or otherwise,
which may result directly or indirectly from any such information.
To the extent that any applicable law that cannot be excluded
imposes any liability on MUP.COM-PL, that liability shall be
limited to the cost of re-supplying that information.
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These Terms and Conditions shall be governed by and construed
in accordance with the laws of the state of Queensland (Australia).
You and MUP.COM (ABN:4931-8080-095) and MUP.COM-PL (ACN: 094-560-522)
agree to submit to the exclusive jurisdiction of the courts
of the state of Queensland (Australia). If any provision(s)
of these Terms and Conditions is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall
be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force
and effect. MUP.COM or MUP.COM-PL's failure to exercise or enforce
any rights or provisions of these Terms and Conditions shall
not constitute a waiver of such right or provision unless acknowledged
and agreed to by MUP.COM or MUP.COM-PL in writing. |
| 14.
Limitation of liability |
MUP.COM or MUP.COM-PL will in no way be liable for any direct,
indirect, incidental, special or consequential damages, resulting
from your use or your inability to use this Web Site or for
the cost of procurement of substitute products or services or
resulting from any products or services purchased or obtained
or messages received or transactions entered into through this
Web Site or resulting from unauthorised access to or alteration
of your transmissions or data or of any information contained
on this Web Site, including but not limited to, damages for
loss of profits, use, data or other intangible, even if MUP.COM
or MUP.COM-PL has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions
any term, condition or warranty, and that Act avoids or prohibits
provisions in a contract excluding or modifying the application
of or exercise of, or liability under such term, condition or
warranty, such term, condition or warranty shall be deemed to
be included in these Terms and Conditions, however, the liability
of MUP.COM or MUP.COM-PL for any breach of such term, condition
or warranty shall be limited, at the option of MUP.COM or MUP.COM-PL,
to any one or more of the following:
A) if the breach relates to goods:
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(i) |
the
replacement of the goods or supply of equivalent goods;
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(ii)
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the
repair of such goods; |
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(iii)
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the
payment of the cost of replacing the goods or of acquiring
equivalent goods; or |
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(iv)
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the
payment of the cost of having the goods repaired; and |
B) if the breach relates to services:
|
(i) |
the
supplying of the services again; or |
|
(ii)
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the payment of the cost of having the services supplied
again. |
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You agree to indemnify, defend and hold harmless MUP.COM or
MUP.COM-PL and its parents, subsidiaries, affiliates, business
partners, officers, and employees from any loss, liability,
claim, demand, damage, or expenses (including reasonable legal
fees) asserted by any third party relating in any way to your
use of MUP.COM' site or MUP.COM-PL services. MUP.COM or MUP.COM-PL
reserves the right to assume the exclusive defence and control
of any matter subject to indemnification by you, which shall
not excuse your indemnity obligations. |
The information contained on this Web Site (www.MUP.COM)
is provided by MUP.COM-PL in good faith on an "as is" basis.
The information is believed to be accurate and current at the
date the information was placed on this Web Site. MUP.COM or
none of MUP.COM-PL, its related bodies corporate, any of their
directors, officers or employees makes any representation or
warranty as to the reliability, accuracy or completeness of
the information contained on this Web Site (including in relation
to any products or services) and none of them accept any responsibility
arising in any way (including negligence) for errors in, or
omissions from, the information contained on this Web Site.
To the fullest extent permitted by applicable law, MUP.COM and
MUP.COM-PL disclaims all representations and warranties, express
or implied, including but not limited to, implied warranties
of merchantability and fitness for a particular purpose and
non-infringement. MUP.COM and MUP.COM-PL makes no warranty that
the Web Site or any products or services advertised on the Web
Site will meet your requirements, or that the Web Site will
be uninterrupted, timely, secure or error free.
You expressly acknowledge and agree that MUP.COM or MUP.COM-PL
does not control other users of this Web Site or the suppliers
of goods and services purchased from this Web Site and MUP.COM
or MUP.COM-PL is therefore not liable for their opinions or
their behaviour, including any information or advice provided
by them or any defamatory statements made by them or any offensive
conduct on their part. No advice or information, whether oral
or written, obtained by you from or through this Web Site creates
any warranty not expressly made in these Terms and Conditions.
Information on this Web Site relating to products and services
has been prepared in accordance with Australian law for the
supply of goods and services in Australia only. This information
may not satisfy the laws of any other country. To the extent
that it does not satisfy the laws of the country in which you
reside or from which you are accessing this Web Site, it is
not directed at you and cannot be relied upon by you and you
are unable to order any goods from this Web Site. If you do,
you agree to indemnify MUP.COM or MUP.COM-PL for any losses,
costs, expenses or damages MUP.COM or MUP.COM-PL may suffer
as a consequence. |
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